MAAME AKUA AMPONSAH FOR HER DAUGHTER AUGUSTINE AFRIYIE (A MMOR) v. OP. OPOKU JUSTICE

JUDGMENT

Plaintiff on 03/05/23 was issued out of the Registry of this court a writ of civil summons

claiming the following reliefs;

a. A fair share of a cocoa farm situate at sinianim on Kenyasi No. 2 stool land.

b. Recovery of GH¢400.00

c. An order for accounts of the proceeds from the cocoa farm in 2022/23 Cocoa

season.

To these reliefs the Defendant denied liability so in the interest of Justice, the parties

was given a hearing.

THE PLAINTIFF’S CASE

Besides herself, the plaintiff called no witness.

According to the plaintiff she was married to the Defendant’s brother Akwasi Afriyie

for Ten (10) years and had one issue.

The plaintiff testified that when her said late husband fell sick the Defendant and his

family abandoned him and upon his demise the Defendant and his siblings have shared

the cocoa farm which their father gifted to them but they failed to give her late

husband’s share to his daughter Augustine Afriyie, through the defendant agreed to

give her a share before the Director of CHRAJ Kenyasi.

Plaintiff concluded that at the instance of the Defendant she secured a loan of

GH¢500.00 to support her husband when he was sick but after paying GH¢100.00 the

GH¢400.00 is outstanding.

She claims per her writ of summons. Plaintiff admitted under cross examination that

her husband died about 8 years ago. She closed her case after her evidence.

THE DEFENDANT’S CASE

Besides himself the Defendant called one witness.

The evidence of the Defendant was that the land which their father gifted to them has

been sold to defray the debt incurred when their brother other died at a shrine and his

final funeral rites.

Defendant said the cocoa farm in dispute is their family property and they are still

using the proceeds to settle the outstanding debt of GH¢10,000.00 so the plaintiff is not

entitled to a share of their family property.

Dw1 Rockson Owusu Bempah’s evidence corroborated the evidence of the Defendant.

According to Dw1 the farm in dispute belongs to their family ie the family of Adowa

Yeboaa and that the self-acquired property of their late brother were given to the

plaintiff upon the demise of their brother.

The Defendant closed his case after the evidence of DW1.

ISSUES

The following issues arose for determination by this court.

1. Whether or not the plaintiff’s daughter is entitled to a share of the cocoa farm in

dispute.

2. Whether or not the Defendant owes the plaintiff GH¢400.00

3. Whether or not the plaint